EmeraldEXPLORER Terms and Conditions

Please note that Evergreen Explorer program has been merged with the EmeraldEXPLORER terms and conditions As of 1st January 2023. The following terms and conditions replace all prior versions and participation in the Explorer Loyalty Program is subject to agreement by all users.

1. Introduction:

1.1 These Terms and Conditions form the basis of the EmeraldEXPLORER loyalty program (Program) which has been merged with Evergreen Explorer Loyalty Program. Every Member is subject to these terms and conditions. Please visit us at Explorer@EmeraldCruises.com.au if you have questions about these Terms and Conditions. Emerald Cruises Australia a division of Scenic Tours Pty Ltd ABN 85 002 715 602

1.2 Use of your Membership Number signifies your acceptance of the current Terms and Conditions.

1.3 These Terms and Conditions are effective as at the date of publication and may be amended at any time. Members should refer to https://www.emeraldcruises.com.au/why-emerald-cruises/emeraldexplorer for the most up to date Terms and Conditions.

1.4 Subject to all applicable laws, Emerald Cruises may terminate the Program at any time without any on-going liability or responsibility to the Member with regards to the Program.

1.5 All interpretations of these membership Terms and Conditions shall be at the sole discretion of Emerald Cruises

1.6 EmeraldEXPLORER is a totally separate program to Scenic Club operated by Scenic. Individuals may have membership of both programs. Benefits are not interchangeable or transferable between Scenic Club and EmeraldEXPLORER and vice versa.

1.7 EmeraldEXPLORER membership, points and loyalty levels cannot be transferred between countries or to the Scenic Club program (or vice versa).

2. Definitions

In these Terms and Conditions, the following words and expressions shall have the meanings as defined below unless the context otherwise requires:

Member means a person who has been admitted by EmeraldEXPLORER as a participant in the Program and is being recognised as a participant for the time being.
Membership means the participation of a Member in the Program.
Membership Number is the unique number allocated by Emerald Cruises to each Member and on each Card.
Program means the EmeraldExplorer Loyalty program.
Program Partner means an entity with which EmeraldEXPLORER has entered into an agreement to provide goods and or services to a member under an arrangement with the Program Partner.
Emerald Cruise means Emerald Cruises Australia a division of Scenic Tours Pty Ltd ABN 85 002 715 602 Terms and Conditions means the Terms and Conditions of the Program as set out here and as may be changed from time to time by Emerald Cruises, at its discretion, subject to all applicable laws.
'Cruises or Tours’ means a fully paid cruise or tour brochure product branded as Scenic and which is of a duration of at least seven (7) Tour Days. .
Tour Days means a fully paid day of touring on a brochure cruise or tour which includes an overnight stay. Additional paid days that form part of the Emerald Cruises booking count towards Tour Days. Complimentary, bonus, unpaid nights including but not limited to being part of a tour, Earlybird specials, or member benefit are not included in Tour Days.
Travel means each time the individual departs from home for travel with Emerald Cruises

3. Membership cost

3.1 There are no fees for guests to be Members of the EmeraldEXPLORER Program.

4. Membership eligibility

4.1 Only residents of Australia are eligible for membership to the Program, as outlined in these Terms and Conditions. Residents of the UK, New Zealand ,Canada and USA are eligible to join the Scenic Club in those countries and are subject to the separate terms and conditions applicable to that country.

4.2 EmeraldExplorer membership is calculated based on a standard “points per day. Emerald Cruises may at its sole discretion and without notice, alter the base Status Points earned per Tour Day. Members can earn incremental points per day at the discretion to Emerald Cruises according to the category of travel undertaken plus, and not limited to, the deck and cabin type travelled and/or the amount paid per Tour Day. The incremental earn of points per day is at the total discretion of Emerald Cruises. Emerald Cruises may from time to time run promotions that could change the incremental rates of points per day. Refer to https://www.emeraldcruises.com.au/why-emerald-cruises/emeraldexplorer in Australia for the current levels.

4.3 Cruise ships that are not fully owned and / or operated by Emerald Cruises or fully charted by Emerald Cruises, will earn a standard 100 Scenic Status Points for each paid Tour Day, irrespective of the cabin category travelled.

4.4 EmeraldExplorer Silver membership and its corresponding benefits are automatic after an individual has completed paid travel with Emerald Cruises that has been purchased and paid. Members will normally be emailed and be added to a membership database and related material with 30 days of qualification

4.5 EmeraldExplorer Gold membership is automatic after an individual has earned 5,000 EmeraldEXPLORER points in their lifetime. Members will normally be emailed and be added to a membership database and related material with 30 days of qualification.

4.6 EmeraldExplorer Diamond membership is automatic after an individual has earned 10,000 EmeraldEXPLORER points in their lifetime. Members will normally be emailed and be added to a membership database and related material with 30 days of qualification.

4.7 EmeraldExplorer Platinum membership is automatic after an individual has earned 25,000 EmeraldEXPLORER points in their lifetime. Members will normally be emailed and be added to a membership database and related material with 30 days of qualification.

4.8 If a person who receives a EmeraldEXPLORER email and does not wish to be a member of the Program, they should email Explorer@EmeraldCruises.com.au indicating this is the case that they are choosing to opt out of the program.

4.9 Membership is individual and non-transferable. Where more than one person in a household qualifies for Membership, each will receive individual Membership.

4.10 Employees of Emerald Cruises or its associated companies are not eligible to participate in the Program.

4.11 Travel industry professionals and their associates who travel provided with Travel industry discounted products will not have that tour count to membership or tier status.

4.12 Immediate or extended family or friends of employees of Emerald Cruises and associated companies who travel on a discounted tour because of their association with the employee or industry will generally not have that tour count towards membership or tier status.

4.13 Emerald Cruises may at its own discretion threshold an individual into any membership level it may wish.

5. Membership Number

5.1 Members will receive a will have a unique Membership Number.

5.2 Membership Number is not transferable and must not be given to other individuals to secure benefits from the Program.

5.3 It is the Member’s responsibility to ensure that their Membership Number is included in any and all of their bookings, either made via a travel agent or directly with Emerald Cruises in order that they may receive the benefits of Membership.

5.4 If a member cannot remember their Membership Number, they may contact Emerald Cruises. They will be asked to provide information to confirm their identity to Emerald Cruises, they will be informed of their Membership Number.

6. Period of Membership

6.1 The Period of Membership of the Program is from the date of enrolment by the Member until either terminated by the Member or Emerald Cruises.

7. Misuse and termination of Membership

7.1 Either the Member or Emerald Cruises may terminate membership of a Member at any time and without cause upon reasonable notice to each other.

7.2 Fraud or abuse concerning the Membership and/or privileges and benefits is subject to appropriate administrative and/or legal action by Emerald Cruises

7.3 Nothing in these Terms and Conditions of Membership shall limit Emerald in the exercise of any legal or equitable rights and remedies.

7.4 Subject to applicable laws, Emerald Cruises will not be liable for any loss or damage whatsoever suffered by any Member because of termination, suspension, or cancellation of Membership.

8. Program benefits

8.1 Emerald Cruises does not guarantee or warrant that any or all the Program benefits will be available at all times and in all countries or locations. Certain Program benefits may not be able to be provided because of local government, operational or other reasons and where this applies an alternative benefit is not offered: Emerald Cruises reserves the right to change, modify, limit, or cancel any of the Program benefits at any time or as they apply to any country or region at any time. Should a member not take up an available Program benefit or the benefit is not available at the time, an alternative benefit is not offered. Member Benefits are not transferable or cannot be redeemed for cash or any other benefit. All other tours/cruise operations & offers standard terms & conditions are applicable.

8.2 Silver, Gold, Diamond, and Platinum Members will receive Membership benefits according to their tier of Membership.

8.3 Members do not qualify for Program benefits of Membership or tier of Membership until after they have returned home from their qualifying tour and received their membership email. However, where a member completes backto-back tours without returning home between tours, and they qualify for higher tier membership during the first tour, they may be able to access the higher benefits for the subsequent back-to-back tours. Members should check at the time of booking if any such additional benefits will apply to their subsequent back-to-back tours.

8.4 For full details of the latest benefits per tier, please visit https://www.emeraldcruises.com.au/why-emerald-cruises/emeraldexplorer

8.5 Members may receive from time-to-time Special Member Offers for Emerald Cruises which are not available to non-members.

8.6 Member communications and Member only competitions: From time-to-time Members may receive EmeraldEXPLORER Magazines mailings, emails. These may include competitions which are only available for Members.

8.7 Program Partners: The Program may include offers to members from time to time from third party entities other than Emerald Cruises. These offers are accepted by Emerald Cruises in good faith as to the appropriateness of the offer for Members and the ability of the third party to deliver in accordance with any offer they make. Emerald Cruises accepts no responsibility or liability whatsoever with regard any matter that may arise between the Member and third party in relation to any offer that a third party has made through the Program.

9. Local laws and possible tax liability

9.1 The Program and Member’s entitlements to any benefits under the Program are subject to all laws applicable to Emerald Cruises and to the Member which restrict, prohibit, or limit the scope or extent of the Program or any benefits or privileges.

9.2 Should any benefits under the Program be subject to tax liability it (including disclosure connected with the receipt or use of the Program) is the responsibility of the Member.

10. Assignment

10.1 A Member cannot assign its rights under these Terms and Conditions at any time. Emerald Cruises reserves the right to assign the Terms and Conditions at any time without consent.

11. Notices/Contact Details

11.1 Any Member wishing to contact Emerald Cruises or any communication or notice to be given under these Terms and Conditions may be delivered personally or by pre-paid post transmission to the following address of Emerald Cruises: EmeraldEXPLORER- Level 16 4-6 Bligh Street Sydney NSW Australia 2000

12. Governing Law and jurisdiction

12.1 The Terms and Conditions of Membership of the Program are governed and will be construed in accordance with the laws of the Australia

12.2 Nothing in these Terms and Conditions affects any rights a Member may have and which by law cannot be excluded, including under the Competition and Consumer Act (2010), the Fair Trading Act (1987) and other applicable legislation.

12.3 If part or all of any clause in these Terms and Conditions is illegal, invalid or unenforceable then it will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable, but if that is not possible, it will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will continue to have full force and effect.

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